How the Safeguard is ADDRESSED
Indigenous and Tribal Peoples (ITPs) are mentioned in existing PLRs, but not specifically defined: The Forest Management Law (FML) mentions “forests peoples living in villages and settlement in tribal societies” and the Decree on the Principles of Land Policy (DPLP) “Maroons and Indigenous People”. In the Draft Law for the Protection of Residential and Living Areas the term “Indigenous and Tribal Peoples” (ITPs) is introduced. The Draft Law Collective Rights ITPs 2019, in Article 1n, includes a clear definition of “Indigenous Peoples” and of “Tribal nations”.
Traditional knowledge of ITPs or local communities is not specifically defined. However, the Draft Law Collective Rights ITPs 2019, in Article 4g, states: “The Indigenous and Tribal Peoples have the collective property rights over their traditional knowledge and their collective intellectual and /or cultural property.” While there is no single PLR that protects/regulates all aspects of traditional knowledge of ITPs, separate aspects are addressed in different PLRs. For example, the Copyrights Law addresses the aspect of Intellectual Property Rights.
Suriname has ratified human rights treaties and declarations, including the United Nations Declaration on the Rights of Indigenous Peoples, under which Suriname has substantial obligations to recognize and respect the rights of the ITPs. PLRs do recognize the right to non-discrimination of ITPs, self-determination and protection of customary rights of ITPs. Suriname’s Constitution in Article 8 states that “No one shall be discriminated against on the grounds of birth, sex, race, language, religious origin, education, political beliefs, economic position or any other status.” The Decree on Land Policy Principle, L-1, Article 4, recognizes the "respect for traditional rights." The Forest Management Law, Article 41, states that “the customary laws of the tribal inhabitants of the interior (...) shall be respected”. The Draft Law Collective Rights ITPs 2019, in Article 4a, states that the ITPs have the right to full enjoyment and legal protection, as a collective or as individuals, of all human rights and fundamental freedoms.
- Constitution, Article 8
- Forest Management Law, Article 41
- Decree on the Principles of Land Policy, L-1, Article 4
- Draft Law for the Protection of Residential and Living Areas
- Copyrights Law
- Draft Law Collective Rights ITPs 2019, Articles 4a and 4g